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Gitin 86

GITIN 86 (11 Iyar) - dedicated by the Feldman family in memory of their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).

1) [line 4] SHETAR ZEVINEI D'AVDEI - a bill of sale for [Kena'ani] slaves
2) [line 5] AVDA DENAN MUTZDAK L'AVDO - it is just to subjugate this slave (i.e. there are no claims that he is a freeman)

3a) [line 5] U'FATIR V'ATIR - and he is unassociated and removed
b) [line 5] MIN CHARURUI - from freemen
c) [line 6] U'MIN ALULEI - and from the wiles [of commoners] (RASHI; see, however, TOSFOS DH Min Alulei, who is Gores "u'Min *Arurei* u'Min *Alulei* Malka u'Malkesa," attributing the wiles to the royalty and the objections to the commoners)
d) [line 6] U'MIN ARUREI MALKA U'MALKESA - and from the objections of kings and queens (i.e. he is not sentenced to die) (RASHI)

4) [line 7] U'RESHOM D'INISH LO IS ALOHI - and the slaves' badge of any man in not upon him

5a) [line 7] U'MENUKEH MI'KOL MUM - and he is clean of all (a) physical blemishes (ARUCH); (b) character blemishes, such as being an armed bandit or the like (RASHI)
b) [line 8] U'MIN SHECHIN D'NAFAK AT TITZHAR - and [he is clean] of [any] boils that emerged within the last (a) two years (RASHI and all other Mefarshim); (b) four years (ARUCH)
c) [line 8] CHADAS V'ATIK - old and news [eruptions of boils]

6) [line 8] MAI ASUSEI? - What is his cure?
7) [line 9] GINBERA - (O.F. jenjevre) ginger
8) [line 9] MARTECHA - (O.F. cogilon) silver dross
9) [line 9] KABARISA - sulfur
10) [line 10] CHALA D'CHAMRA - vinegar from grape wine
11) [line 10] MISHCHA D'ZEISA - olive oil
12) [line 10] NATPIK CHIVRA - white naphtha
13) [line 11] V'SHAIFI LEI B'GADFA D'AVZA - and apply it with a goose feather
14) [line 12] PESULIN - invalid [mid'Rabanan, however, mid'Oraisa they are valid]
15) [line 17] GOVAH MI'NECHASIM MESHU'ABADIM - the divorcee collects [the value of her Kesuvah using this Get (see Mishnah Kesuvos 88b) even] from mortgaged property, i.e. land that has been mortgaged to a debt

16) [line 18] SHE'EIN HA'EDIM CHOSMIM AL HA'GET ELA MIPNEI TIKUN HA'OLAM - the witnesses only sign a Get for the well-being of the world (EDEI MESIRAH KARSEI)
(a) The witnesses who watch the Shtar being given are the main part of the Shtar, i.e. the ones who make the Shtar take effect. (This is in contrast to the opinion that holds that Edei *Chasimah* Karsei, meaning that the witnesses who sign the Shtar are the main part of the Shtar and are the ones who make the Shtar take effect.)
(b) According to Rebbi Elazar, who rules Edei Mesirah Karsei, witnesses sign a Get (or Shtar) because of "Tikun ha'Olam" - "for the well-being of the world." Although the Get is valid without the signatures of the witnesses, it was instituted that the witnesses sign the Get (or Shtar) for the sake of all those who receive such legal documents, so that in case the witnesses who testified to the event have died, their signatures (which are recognized by other witnesses) will remain as testimony to the event.

17) [line 20] GET YASHAN - (lit. "an old Get") a bill of divorce given after the date that appears in it, on which it was written and signed When a man writes a Get for his wife and secludes himself with her before giving her the Get, Beis Shamai and Beis Hillel argue as to whether he is permitted to use this Get to divorce her or not (Mishnah Gitin 79b). Beis Hillel prohibits using this Get, since the date on the Get (which is earlier than the date of the actual divorce) may cause people to think that the divorce occurred earlier, and that any offspring that were conceived between the time of the writing of the Get and the time that it was actually used were born out of wedlock. Beis Shamai does not consider this is a cause for concern (Gemara ibid.)

18) [line 23] GET KERE'ACH
(a) In order for a man to divorce his wife, he must write her a Get (bill of divorce), as it states in Devarim 24:1. A Get may be written on any surface, including paper, parchment, potsherds, leaves that do not wither, the hand of a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3).
(b) Two types of Gitin were in use at the time of Chazal: a Get Pashut and a Get Mekushar. A Get Pashut is written on a piece of parchment, etc. that is Pashut (spread out and unfolded). A Get Mekushar is written in a very cumbersome manner. One or two lines are written, part of the parchment is folded over the writing and the fold is sewn down. A witness must sign on each part that is folded over. A Get Kere'ach "has more folds than signatures" and is invalid, since it lacks the number of signatures required. The Get Mekushar was instituted so that quick-tempered Kohanim would not be able to divorce their wives easily, since a Kohen may not marry a divorcee. It was assumed that the amount of time necessary to write a Get Mekushar would give the Kohen time to calm down.

19) [line 25] KOL HA'MESHANEH MI'MATBE'A SHE'TAV'U CHACHAMIM B'GITIN HA'VELAD MAMZER - all who deviate from the exact words that the Sages enacted with regard to Gitin cause the woman's subsequent children to be illegitimate (since her Get is invalid)

20) [line 30] SHELOM MALCHUS - the invalid Get mentioned in the Mishnah above, Daf 79b, "Kasav l'Shem Malchus she'Einah Hogenes," if a Sofer wrote [a Get when he was in one kingdom, counting according to the years of a different kingdom; e.g.] according to the Roman kingdom [when he was in Bavel] (RASHI ibid.)

The Sages instituted that a person who brings a Get from overseas (i.e. a distant land) must say b'Fanai Nichtav uv'Fanai Nechtam, testifying that the preparation of the Get was done in accordance with the Halachah. Without these words, the Get is invalid.

22) [line 43] KESAV YADO SHANINU - [Rav commented about one of the phrases in the Mishnah that] it was referring to [a case where the husband wrote the Get in] his own handwriting


23) [line 5] SAFRA D'MUVHAK - a scribe well-versed in the Halachos of Gitin, who would not have written a Get without the express command of the husband

24) [line 8] ZIMNIN - sometimes
25) [line 10] V'CHULAN - (lit. and all of them) any of the 15 close relatives of a Yavam who are married to his brother, mentioned in the first Mishnah of Maseches Yevamos

(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Eirusin (betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.
(d) In certain situations (such as that of a doubtful marriage or divorce, like the case in the Mishnah in Yevamos 30b), the woman may not do Yibum, but may do only Chalitzah.

27) [line 14] TZARASAH - the second wife of the deceased
28) [line 17] KARATZIS SHEB'AMIR - flies or ticks [that live] among the sheaves

29) [line 17] EINAH POSELES B'MEI CHATAS - do not invalidate the waters of the ashes of the Parah Adumah (MEI CHATAS)
(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches (hyssops) and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(b) If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

30) [line 18] DIDVASA D'VEINEI KEIFEI - flies or ticks [that live] among the sheaves

31) [line 19] MOTZETZES - she (the dove) sucks [up the water, without letting any drops return to the utensil that contains the Mei Chatas]

32) [line 20] LO PESIKA LEI - it cannot be stated in an unqualified manner
33) [line 20] V'AD KAMAH? - (lit. and until how much?) What is the size that distinguishes between a small and a large Karatzis?

34) [line 26] REI'ACH HA'GET - (lit. the scent of a Get) an invalid Get that is effectual in that it causes the woman to be unfit to marry a Kohen (who may not marry a divorcee -- see Background to Gitin 59:45), should her husband die before he gives her a Kosher Get.

35) [line 30] AD'HACHI - in the meantime
36) [line 30] NACH NAFSHEI - he (Rav Huna) passed away
37) [line 32] RABOSEINU HA'BEKI'IN BI'DEVAR HALACHAH - our teachers who are well-versed in the practical Halachah, i.e. Rav Chama bar Gurya

38) [line 34] CHAVAREINU HA'BEKI'IN BI'DEVAR HALACHAH - our peers who are well-versed in the practical Halachah, i.e. Rav Chisda (RASHI)

39) [line 38] HAREI HA'SHENI BATEL - the second Get is nullified (since it is not known by whom and for whom it was written)

40) [line 40] TOFES - the standard text of a Get, as opposed to the *Toref*, the main part of the Get, which includes the names of the couple, the time and the words, "Harei At Muteres l'Chol Adam"

See above, entry #16.

42) [line 43] KESIVAH LISHEMAH - writing the Get for the sake of the woman who is to be divorced (LISHMAH - For her sake)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. - Gitin.)
(b) A Get must contain the full names of the pair involved in the divorce, the places where they are to be found at the time of the writing (or where they live, or where they were born, according to some), and the date and place where the Get is written. If any of these items is missing or mistaken ("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid.
(c) A Get must be written Lishmah (for the sake of the woman who is to be divorced), as is learned from the verse in the Torah, "v'Kasav *Lah* Sefer Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1). The scribe must therefore write at least: 1. the name of the wife; 2. the name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol Adam" -- "You are hereby free to marry whomever you wish" -- with the intention that this Get will be used to divorce this specific woman (see RAMBAM Hilchos Gerushin 3:7).

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